Marks & Spencer’s legal battle with Aldi over caterpillar cake

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Marks & Spencer’s legal battle with Aldi over caterpillar cake

By Pallavi Paul

Marks and Spencer have moved to the UK High Court alleging Aldi for trademark infringement, seeking an injunction order to stop Aldi from selling and offering similar looking ‘caterpillar-cake’. M&S had launched ‘Colin-the caterpillar cake’ 30 years ago and have not changed the design of the same since 2004. Due to its popularity, M&S had filed a trademark application for registration of the same in the UK trademark office and sought registration on it by the year 2009.

NEWS

By Pallavi Paul

Aldi started selling ‘Cuthbert-the caterpillar cake’ which is aesthetically, visually and structurally similar to M&S’s caterpillar cake. Both the cakes are chocolate covered log-shaped cakes with decorative sweets on the top which could totally create confusion among customers about origin of the cake. For instance, if consumers would be disappointed with Aldi’s cake, they would easily associate the same with M&S which in turn would ride upon the goodwill and reputation of the company. If M&S succeeds with the suit, Aldi will have to remove ‘Colin-the caterpillar cake’ from market and agree not to sell similar products in future.

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